Claiming deserters.

Deposit of ship's
papers at the
Consulate on
the arrival of

erally pays the first visit, unless the latter has the rank of Commodore or Admiral, in which case the first visit shall be paid by the Consular. officer. Vice-Consuls and Consular agents pay the first visit to the commanders of their country's vessels of war.

18°. Whenever members of the crews of his national vessels, whether merchant vessels or ships of war, desert in a foreign port, the Consular officer, within whose district the desertion has taken place, shall take the necessary steps to have the deserters arrested and surrendered by the authorities of the country, attention being paid to the stipulations of conventions when these exist, in order to act in strict accordance with treaty stipulations and international usages (comp. § 44).

19°. Within the time stipulated by local regulations, after the arrival of a merchant vessel, the merchant vessels. ship's papers, that is the certificate of register, shipping articles and crew-list, shall be deposited with the Consul, who gives the master a receipt in due form for the same. Immediately after receiving the ship's papers, the Consul or the master reports the vessel to the Custom-house, giving her name, tonnage and nature of her cargo.

The Captain is held responsible for the correctness of the manifest, which shall contain a true and full account of the cargo on board. The Consul shall request the master to procure for the Consulate all information with regard to goods imported and exported, such as is required to make up the annual shipping list, as mentioned above in sub-section 10.

The Consul shall not fail on his part, to comply, as soon as possible, with all that is requisite under the Custom-house regulations, in order to

avoid all disagreements between the Consulate and the Custom-house, by which unnecessary delay or trouble might be caused to vessels of his nationality entering his port.

an arrival.

To constitute an arrival within the intent of what constitutes the law, it is necessary that it should be such as involves an entry and clearance at the Customhouse of the foreign port. If the vessel enters the foreign port conformably to the local law or usage, her coming amounts to an arrival, independently of an ulterior destination or the time she may remain or intend to remain, or of the particular business to be transacted there. A vessel putting into a foreign port to get information only, and not entering or breaking bulk, or discharging seamen, or requiring new seamen, or needing the aid of the Consular officer in any respect, cannot be said to make an arrival at that port within the meaning of the law. Vessels driven into a port are not required to deposit their papers with the Consular officer, unless formal entry be afterwards made or Consular services required. *

When all dues and duties on ship and cargo shall have been paid, the Custom-house having granted a port clearance, the Consular officer will, on exhibition of this clearance, return the ship's papers, after having signed them, to the master, in exchange for the receipt mentioned above. After this the ship is lawfully allowed to leave the port.

20°. To vessels bound to a national port, - Bills of health. and in any other case when required by the captain, the Consul shall hand to the captain a bill of health.

Declarations before the Consul at arrival.

Certifying the log-book and other papers.

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21°. The declarations to be made by masters of merchant vessels with the Consul, at their arrival in port, may be classed as ordinary and extraordinary. The first is the usual report of the voyage, obligatory to be made at every port of arrival. The second is the sea-protest, in all cases of accidents to ship or cargo, or compelled deviation from the usual course of the voyage, and must serve as legal proof of average.

Masters of merchant vessels are bound, if they stay more than 24 hours, to have their registers or permits endorsed at each Consulate. Vessels which leave again within that time are exempt from this obligation. In the case of regular steam-service, with generally known dates of sailing, the notice to the Consulate of the first arrival and departure exempts the ship from giving any further notice during the same year, provided that no neglect be occasioned thereby in the payment of the Consular fees fixed by the tariff.

Before receiving any report, the Consul shall cause the log-book (journal) of the vessel to be exhibited to him, on which he shall put his visa, dated and sealed, at the end of the last entry, after the signatures of the master and chief-mate. The Consul will ask the master to point out to him all erasures and additions made in the logbook (journal) and, if any, these erasures and additions must likewise be signed by the Consul, after the signature of master and mate.

The Consul shall inquire from the master if during the passage any person died or was lost overboard; also if any child-birth occured on board during the voyage, and act in casu, as directed by his instructions. After this exhibition, of which the Consul shall keep note, the logbook (journal) shall immediately be returned to the master. Before returning the ship's papers, the Consul shall put the certificate of exhibition on the ship's register, and date and sign and seal it himself. The Consul shall also put his visa on the ship's articles. All alterations, changes, and new engagements on the crew list must be certified on the ship's articles.

The ordinary declaration, which is the custom- Ship's report. ary ship's report on arrival, is made by the master at the time of exhibition of his log-book (journal) and contains a report of his voyage. stating :

a. The place he comes from, the place he
left last, the port that was made if any,
and the port of his destination.

b. The course taken by the vessel according
to wind and weather, and all circum-
stances which influenced the voyage,
especially stating the reasons for all
deviations from ordinary courses.

c. The dangers met with and other remark-
able occurrences respecting ship, cargo,
crew and passengers.

The ordinary declaration does not require to be made on oath.

22°. Extraordinary declaration is the sea-pro- The sea-protest. test made in cases of shipwreck, damage to ship or cargo, or throwing overboard of goods, or when during the voyage the master has been compelled, through stress of weather, or causes of war, or any other imperative reasons, to enter a port of refuge. The sea-protest is made by the master, when arriving at a port where there is a Consular officer of his nationality, as soon as possible after his arrival. This extraordinary declaration or seaprotest is generally made within twenty-four hours after arrival, by the master and the whole crew and

must be duly sworn by all before the Consul. The sea-protest must contain a detailed report, beginning from the time that cargo was first taken in, at the place of departure, up to the day of arrival in the port, where the declaration is made, -including the refuge taken in those ports where no opportunity existed to make the necessary declaration before a Consul. Further, all accidents caused by the sea and weather and those measures taken for the sake of mutual safety, as slipping of anchors or cables, cutting of masts, throwing overboard of goods, extra expenses for lighters, etc., putting the vessel ashore and all voluntary acts, in behalf of ship and cargo. In drawing up the declaration it is desirable to follow, as closely as possible, the text of the log-book (journal) of which it should nearly be a reproduction with such additions and observations as may prove necessary (Comp. § 68, sub-sections 35-38).

In taking down the declarations of the master and crew, the Consul is not obliged to limit himself to the statements made; he may interrogate the master, the crew and even the passengers, in order to arrive at a complete and true narrative of the case.

Under the declaration as given by master and crew, the Consul shall write the certificate of his having received the protest as directed by law. Under this certificate all who can write must sign their names, and thereunder the Consul shall sign also and affix his Consular seal.

The sea-protest is to be made up in duplicate, one copy is handed by the Consul to the master, and one remains in the archives of the Consulate.

When the above stated formalities are not observed, there is danger of the sea-protest being